Sudarshan Lal vs State Of U.P. And 2 Others
2022 Latest Caselaw 21508 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 11708 of 2021
 

 
Petitioner :- Sudarshan Lal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bramh Narayan Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been challenging the order dated 7.7.2011 whereby the petitioner has been granted provisional pension solely on account of pendency of Case Crime No.3 of 2004, under Sections 223/224 IPC.

Contention of learned counsel for the petitioner is that the said case can never be concluded in view of the fact that the accused has run away from the custody and thus, there is no likelihood of conclusion of the same in near future and the petitioner has been denied the benefit.

A similar issue was considered by this Court in Writ - A No.8039 of 2018 which was disposed off vide order dated 9.1.2020.

As the facts of the present case are similar, the present petition is also disposed off in the same terms and conditions as contained in the judgment dated 9.1.2020 and affirmed in Special Appeal Defective No.859 of 2020 decided on 24.11.2020 and further the SLP filed against the said has also been dismissed on 15.2.2021.

The payments including the arrears shall be made within three months from today.

Order Date :- 16.12.2022

nishant